INTERNATIONAL AND TREATY BASED CASES
Plaintiff M68 v Minister for Immigration and Border Force and the Commonwealth (2016) 90 ALJR 297 – whether Chapters I and III of the Commonwealth Constitution permit the Commonwealth to contract and spend in support a regional processing centre for refugee claims located in the Republic of Nauru.
CPFC v Minister for Immigration and Border Protection and the Commonwealth (2015) 255 CLR 514 – whether the Commonwealth Executive is permitted to take persons onto an Australian vessel in the high seas for delivery to another country.
Firebird Global Master Fund II Ltd v Republic of Nauru (2015) 90 ALJR 228 – application of Foreign States Immunities Act 1985 (Cth), codifying customary international law, to registration and enforcement of a judgment given in a Tokyo Court against Nauru.
Macoun v Commissioner of Taxation (2015) 90 AlJR 93 – application of International Organisations (Privileges and Immunities) Act 1963 (Cth), implementing the United Nations Convention on Privileges and Immunities of Specialised Agencies, to taxation liability of an Australian engaged overseas by an international organisation.
Plaintiff S-156 v Minister for Immigration and Border Protection (2014) 254 CLR 28 – ability of the Parliament to designate Papua New Guinea as a place to which persons seeking refugee protection will be taken for processing of claims.
Commonwealth Minister for Justice v Adamas (2013) 253 CLR 43 – liability to extradition of a suspect under Australia/Indonesia extradition treaty.
Plaintiff M76/2013 v Minister for Immigration and Citizenship (2013) 251CLR 322 – whether the Migration Act 1958 (Cth) authorises continued detention of an unlawful non-citizen where the prospects of removal to another country are low.
Maloney v The Queen (2013) 252 CLR 168 – whether the Racial Discrimination Act 1975 (Cth), implementing the International Convention on the Elimination of All Forms of Racial Discrimination, prohibits domestic legislation restricting the consumption of alcohol in primarily indigenous communities.
TCL Air Conditioner (Zhongshan) Co Ltd v The Judges of the Federal Court of Australia (2013) 252 CLR 168 – compatibility with the Commonwealth Constitution of the International Arbitration Act 1974 (Cth).
P.T. Garuda Indonesia Ltd v ACCC (2012) 247 CLR 240 - application of Foreign States Immunities Act 1985 (Cth), codifying customary international law, to activities of a foreign airline.
CONSTITUTIONAL LAW
Cunningham v Commonwealth of Australia (2016) 90 ALJR 1138 - whether changes to Parliamentary retiring allowances contravene the takings clause of the Commonwealth Constitution (s 51(xxxi)).
Murphy v Commonwealth Electoral Commissioner (2016) 90 ALJR 1027 - whether provisions of the Commonwealth Electoral Act 1918 (Cth) closing electoral roles seven days after issue of writs for an election contravene the requirements of direct choice by voters under the Commonwealth Constitution.
Bell Group N.V. (in liq) v Western Australia (2016) 90 ALJR 655 – whether state legislation for a special scheme of priorities in a company liquidation is inconsistent with Commonwealth Taxation legislation under Commonwealth Constitution (s 109).
North Australian Aboriginal Justice Agency Ltd v Northern Territory (2015) 256 CLR 569 – compatibility with theCommonwealth Constitution,under the Kable principle, of legislation of the Territory permitting the taking into custody of persons for short periods without arrest or suspicion of crime.
McLoy v New South Wales (2015) 89 ALJR 857 – compatibility with the Commonwealth Constitution, under the Lange principle, of State law restricting political donations.
Duncan v New South Wales (2015) 255 CLR 388 – compatibility with Commonwealth Constitution of State law permitting cancellation of mining licenses without compensation.
Queensland Nickel Pty Ltd v Commonwealth (2015) 255 CLR 252 – compatibility with the Commonwealth Constitution (s51(ii) and s 99) of Clean Energy Legislation governing nickel producers.
Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Queensland Rail (2015) 256 CLR 171 – whether a State Parliament can create a body corporate which is not a constitutional corporation under the Commonwealth Constitution (s 51(xx)).
Kuczborski v Queensland (2014) 254 CLR 1, compatibility with the Commonwealth Constitution of State statute restricting motor-cycle gangs.
Williams v Commonwealth of Australia (No 2) (2014) 252 CLR 416 - compatibility with the Commonwealth Constitution of remedial legislation following Williams v Commonwealth of Australia (2012) 254 CLR 28.
Attorney-General for Northern Territory v Emmerson (2014) 252 CLR 416 - compatibility with the Commonwealth Constitution of Territory legislation authorising civil forfeiture of property.
Australian Electoral Commission v Johnston (2014) 251 CLR 463 – validity of Western Australia 2013 Senate election.
Magaming v The Queen (2013) 252 CLR 381 – compatibility with chapter III of theCommonwealth Constitution of a statute requiring a Court to impose a mandatory minimum period of detention for certain crimes.
Commonwealth of Australia v Australian Capital Territory (2013) 250 CLR 441 – whether a law of the Territory permitting same-sex marriage is inconsistent with Marriage Act 1961 (Cth) under the Commonwealth Constitution (s 109).
Fortescue Metals Group Ltd v Commonwealth of Australia(2013) 250 CLR 548 - compatibility with the Commonwealth Constitution (s52(i), 91 and 99) of minerals resource rent tax.
Assistant Commissioner Condon v Pompano Pty Ltd (2013) 252 CLR 38 - compatibility with the Commonwealth Constitution, under the Kable principle, of State law restricting criminal organisations.
Betfair Pty Ltd v Racing NSW (2012) 249 CLR 217 – compatibility with the Commonwealth Constitution (s 92) of State based fee regimes in the racing industry.
Queenbeyan City Council v ACTEW Corporation (2011) 241 CLR 671 - compatibility with the Commonwealth Constitution (s 90) of water charges levied in the Territory.
PUBLIC, REGULATORY AND COMPETITION LAW
Australian Competition and Consumer Commission v Flight Centre Travel Group Limited [2016] HCA 49 - application of price fixing prohibitions to conduct between a principal and an agent.
Commonwealth of Australia v Director, Fair Work Building Inspectorate v CMEU (2015) 326 ALR 476 – the principles governing the assessment of civil penalties, particularly where the parties are in agreement.
Australian Communications and Media Authority v Today FM (Sydney) (2015) 252 CLR 352 – scope of Parliament to authorise abody regulating the media industry to make findings of breach of the criminal law as part of a licensing decision.
Australian Competition and Consumer Commission v TPG Internet Pty Ltd (2013) 250 CLR 640 – application of misleading and deceptive conduct provisions of consumer protection law.
The Pilbara Infrastructure Pty Ltd v Australian Competition Tribunal (2012) 246 CLR 379 - application of regulatory scheme to enable open access to railway lines in the Pilbara.
East Australia Pipeline Company v ACCC (2007) 233 CLR 229 - application of regulatory scheme to set capital base for gas pipelines.
Commissioner of Australian Federal Police v Zhao (2015) 255 CLR 46 – stay of civil forfeiture proceedings in favour of overlapping criminal proceedings.
Thesis v Collector of Customs (2014) 250 CLR 664 – restrictions on scope of action for recovery of overpaid customs duty.
Minister of Immigration and Citizenship v Li (2013) 249 CLR 332 – scope of judicial review of administrative action on the ground of “unreasonableness”.
Kline v Official Secretary to Governor-General (2013) 249 CLR 645 – whether Freedom of Information Act 1982 (Cth) requires access to documents held by the Governor-General relating to conferral of official Australian awards.
COMMERCIAL LAW, TAXATION AND INTELLECTUAL PROPERTY
Blank v Commissioner of Taxation [2016] HCA 42 - whether amounts payable under profit participation arrangements upon termination of employment are assessable to taxation as ordinary income.
Commissioner of Taxation v Australian Building Systems Pty Ltd (in liq) (2015) 90 ALJR 151 - application of Income Taxation Legislation to liquidators re monies received prior to assessment.
AstraZenecca AB v Apotex Pty Ltd (2015) 89 ALJR 798 – scope of obviousness/inventive step objection to validity of a patent under the Patents Act 1990 (Cth).
Wellington Capital v ASIC (2014) 254 CLR 288 – interpretation of deed governing managed investment scheme for compulsory buy-back of units.
Howard v Commissioner of Taxation (2014) 253 CLR 83 – whether equitable compensation received by a company director formed part of the director’s assessable income.
International Litigation Partners Pte Ltd v Chameleon Mining NL (2012) 246 CLR 455 - whether financial product provisions of Corporations Act (Cth) require litigation funders to be licensed.
Andrews v Australian and New Zealand Banking Group Ltd (2012) 247 CLR 205 - application of equitable doctrine of penalties to bank exception fees.
Australian Securities and Investments Commission v Hellicar (2012) 247 CLR 345 - liability of public company directors for release by company to market.
Commissioner of Taxation v Bamford (2010) 240 CLR – application of Income Tax Legislation to discretionary trusts.
Campbell v Backoffice Investments Pty Ltd (2009) 238 CLR 304 – interaction of contract law and Trade Practices Act; scope of oppression remedy in company law.
Kennon v Spry (2008) 238 CLR 366 – scope of powers of Family Court of Australia to make orders affecting beneficiaries of a discretionary trust.
ABORIGINAL LAND RIGHTS
Queensland v Congoo (2015) 256 CLR 239 – whether Commonwealth military orders taking temporary possession of land during World War II extinguished native title at common law.
Leo Akiba v Commonwealth of Australia (2013) 250 CLR 209 – whether fishery licensing scheme extinguished native title rights to fish in the Torres Strait.
Minister administering the Crown Lands Act v NSW Aboriginal Land Council (2008) 237 CLR 285 – whether land is neither used not occupied enabling claim under Aboriginal Land Rights Act 1983 (NSW).
CRIMINAL LAW
Alquidsi v Commonwealth of Australia (2016) 90 ALJR 711 - whether statutory permission for criminal trial by judge alone contravenes the guarantee of trial of jury for federal offences in the Commonwealth Constitution (s 80).
CDPP v Keating (2013) 248 CLR 459 – whether social security legislation imposed retrospective duties on welfare recipients subjecting them to criminal liability.
Green v The Queen (2011) 244 CLR 462– principles governing parity in sentencing.
Hargreaves v The Queen (2011) 245 CLR 257 – principles governing application of criminal proviso in sentencing.
TORT, COMPENSATION AND EMPLOYMENT LAW
Comcare v PVWY (2013) 250 CLR 246 – application of workers compensation statutes where injury occurs away from workplace on work trip.
New South Wales v Kable (2013) 252 CLR 118 – whether action for false imprisonment is available where person is detained under an order of a superior court pursuant to legislation found later to be invalid.
Amaca v Booth (2011) 246 CLR 36 – principles governing establishment of causation in asbestos tort cases.
Wicks v State Rail Authority of New South Wales (2009) 239 CLR 51 – principles governing liability in tort for pure mental harm arising from shock suffered by a rescuer.
Sydney Water Corporation v Turano (2009) 239 CLR 51 – principles governing liability in negligence of a public authority engaged in pipe laying works.
Visscher v The Honourable President Justice Giudice (2009) 239 CLR 361 – whether contract of employment survives a repudiation by employer which is not accepted by employee.
Hickson v Goodman Fielder Ltd (2009) 237 CLR 130 – whether workers compensation payback is reduced for contributory negligence.